§107e — Title 20 Education | U.S. Code

Summary

Defines important words used in this chapter. Blind person means someone whose central sight is 20/200 or worse in the better eye with glasses, or whose field of vision in the better eye is so small that its widest diameter is no more than twenty degrees. A doctor who treats eye diseases or an optometrist chosen by the person must examine them to decide. Commissioner means the Commissioner of the Rehabilitation Services Administration. Federal property means buildings, land, or other real estate owned, leased, or used by any U.S. department, agency, or instrumentality (including the Department of Defense and the U.S. Postal Service), and property of the District of Columbia or U.S. territories and possessions. Secretary means the Secretary of Education. State means a State, territory, possession, Puerto Rico, or the District of Columbia. United States includes the States, territories, possessions, Puerto Rico, and the District of Columbia. Vending facility means vending machines, cafeterias, snack bars, carts, shelters, counters, and other sales equipment the Secretary allows. Vending machine income means money from vending operations on federal property (not money paid to a blind licensee), after deducting cost of goods sold and reasonable service and maintenance costs, and includes commissions paid to commercial vending companies (not to blind licensees) that operate with agency approval.

Title 20, §107e

Education — Source: USLM XML via OLRC

As used in this chapter—

(1)“blind person” means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees. In determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual shall select;

(2)“Commissioner” means the Commissioner of the Rehabilitation Services Administration;

(3)“Federal property” means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States (including the Department of Defense and the United States Postal Service), or any other instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any territory or possession of the United States;

(4)“Secretary” means the Secretary of Education;

(5)“State” means a State, territory, possession, Puerto Rico, or the District of Columbia;

(6)“United States” includes the several States, territories, and possessions of the United States, Puerto Rico, and the District of Columbia;

(7)“vending facility” means automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and such other appropriate auxiliary equipment as the Secretary may by regulation prescribe as being necessary for the sale of the articles or services described in section 107a(a)(5) of this title and which may be operated by blind licensees; and

(8)“vending machine income” means receipts (other than those of a blind licensee) from vending machine operations on Federal property, after cost of goods sold (including reasonable service and maintenance costs), where the machines are operated, serviced, or maintained by, or with the approval of, a department, agency, or instrumentality of the United States, or commissions paid (other than to a blind licensee) by a commercial vending concern which operates, services, and maintains vending machines on Federal property for, or with the approval of, a department, agency, or instrumentality of the United States.

Notes & Related Subsidiaries

Editorial Notes

Codification The content of Pub. L. 93–516, including provisions of section 206 and 207 thereof which amended and renumbered this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended and renumbered by Pub. L. 93–651, title II, §§ 206, 207, Nov. 21, 1974, 89 Stat. 2–11, 2–13, in exactly the same manner as it was amended and renumbered by Pub. L. 93–516.

Amendments

1974—Pub. L. 93–516, § 207, replaced letter designations with number designations, inserted definitions of “Commissioner”, “vending facility”, and “vending machine income”, and in definition of “blind person” substituted provisions that such person meant a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees, and that in determining whether a person is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual shall select, for provisions that such person meant a person having not more than 10 per centum visual acuity in the better eye with correction and that such blindness shall be certified by a duly licensed ophthalmologist, in definition of “United States” inserted reference to Puerto Rico, in definition of “State” inserted reference to Puerto Rico, and in definition of “Federal property” inserted reference to Department of Defense and United States Postal Service. An identical amendment was made by Pub. L. 93–651. See Codification note above. 1954—Subsecs. (d), (e). Act Aug. 3, 1954, added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 1954 AmendmentAmendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954, set out as a note under section 49b of Title 29, Labor.

Transfer of Functions

“Secretary of Education” substituted for “Secretary of Health, Education, and Welfare” in par. (4) pursuant to section 301(a)(4)(B) and 507 of Pub. L. 96–88 which are classified to section 3441(a)(4)(B) and 3507 of this title and which transferred all functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education. For

Transfer of Functions

and offices of Secretary and Department of Health, Education, and Welfare, including Rehabilitation Services Administration and Commissioner thereof, to Secretary and Department of Education, and for delegation of certain functions of Secretary of Education under this chapter to Assistant Secretary for Special Education and Rehabilitative Services, see section 3417 and 3441 of this title.

§107e Definitions

Summary

Title 20, §107e

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata